DHANI DEVI Vs. SANT BIHARI SHARMA

JUDGEMENT

(1.) Several persons including one Ram Bichar Singh filed applications for the grant of a permanent stage carriage permit for the Chapra-Masrakh-Siwan-Gopalganj route before June 15, 1963 the last date appointed for the receipt of the applications by the North Bihar Regional Transport Authority. Ram Bichar Singh died on April 12, 1965 before the final disposal of his application. His widow Dhani Devi succeeded to the possession of the transport vehicles left by him and accordingly under Section 61 (2) of the Motor Vehicles Act, 1939, the Regional Transport Authority transferred to her all the permits held by him for other routes. On May 4, 1966, the Regional Transport Authority considered all the applications, allowed Dhani Devi to prosecute the application filed by her husband and directed the grant of the permit to her. Sant Bihari Sharma, Chandra Kirti Singh and other unsuccessful applicants filed appeals against the order under S. 64. At the hearing of the appeals it was contended that the order was without jurisdiction as Dhani Devi had no right to prosecute the application filed by her husband. The State Transport Appellate Authority accepted the contention, set aside the order appealed from and directed the grant of the permit to Sant Bihari Sharma and in case of his failure to comply with certain conditions gave the second preference to Chandrakirti Singh, Dhani Devi, Chandrakirti Singh and another applicant filed revision petitions against the order under Section 64A. The Transport Minister allowed the revision petition of Dhani Devi and restored the order of the Regional Transport Authority. He held that the order of the Regional Transport Authority was not without jurisdiction. Sant Bihari Sharma and Chandrakirti Singh filed two writ petitions in the Patna High Court challenging the said order. The High Court allowed the petitioners, quashed the order for the grant of permit to Dhani Devi and remanded the matter for disposal according to law. The present appeals have been filed by Dhani Devi against the orders passed by the High Court.

(2.) The sole question in this appead is whether on the death of an applicant for a stage carriage permit in respect of his transport vehicles the Regional Transport Authority has power to allow the person succeeding to the possession of the vehicles to prosecute the application filed by the deceased applicant. No express provision on the subject is to be found in the Motor Vehicles Act or the Rules framed thereunder. Order 22 of the Code of Civil Procedure does not apply to proceedings under the Motor Vehicles Act. Section 306 of the Indian Succession Act, 1925 has no application as no executor or administrator was appointed to the estate of the deceased Ram Bichar Singh.

(3.) No transport vehicles can be used save in accordance with a permit issued under Chapter IV of the Motor Vehicles Act. Four types of permits may be issued under Chapter IV, viz., stage carriage permit, (ss. 46 to 48); contract carriage permit (ss. 49 to 51); private carrier's permit (ss. 52 and 53), and public carrier permit, (ss. 54 to 56). A person in possession of a transport vehicle is not entitled to a permit as a matter of right, see Veerappa Pillai vs. Raman and Raman Ltd., (1952) SCR 583 at pages 591, 595. His only right is to make an application for the grant of a permit under Section 45 and to a consideration of the application in accordance with the provisions of the Act. If he dies after obtaining the permit, the Regional Transport Authority has power under Section 61 (2) to transfer the permit to the person succeeding to the possession to the vehicles covered by the permit. We are inclined to think that in the case of death of the applicant before the final disposal of his application for the grant of a permit in respect of his vehicles the Regional Transport Authority has power to substitute the person succeeding to the possession of the vehicles in place of the deceased applicant and to allow the successor to prosecute the application. As the relief sought for in the application is dependent upon and related to the possession of the vehicles, the application is capable of being revived at the instance of the person succeeding to the possession of the vehicles.